After VA refuses state inspections, Scott says he'll sue

A two-month feud between the state, which has been turned away from inspecting VA hospitals, and the feds, who run the facilities, escalated Wednesday when Gov. Rick Scott said he is planning to sue for access.

U.S. Department of Veterans Affairs officials have repeatedly advised Scott and Liz Dudek, secretary of the Florida Agency for Health Care Administration, that states have no legal authority to inspect federal hospitals.

Yet Scott and Dudek have sent inspectors on unannounced visits seven times: first on April 3 at the veterans hospital in West Palm Beach and most recently on May 20 in Gainesville. Orlando's facilities have not been visited.

On Wednesday, Scott announced he wants to sue the VA in federal court "to establish AHCA's right to inspect and regulate health facilities in Florida."

The seven VA hospitals in Florida, including the still-unopened new one at Lake Nona in Orlando,are authorized, funded, inspected and regulated federally.

Scott and Dudek called out the VA, saying the beleaguered agency — and the veterans it serves — needs Florida's help.

"Transparency and accountability are critical to supporting our veterans, and this suit will fight the federal VA's continued practice of stonewalling our inspectors," Scott stated in a news release issued Wednesday.

The VA disputes that there has been any stonewalling. Mary Kay Hollingsworth, regional communications director for the VA, said her agency has made numerous attempts to explain to Florida officials that they have no authority over the VA.

Hollingsworth added that she isn't aware of Florida officials ever trying to inspect a VA hospital before the recent attempts.

This spring, a series of national revelations has shown at least 19 VA hospitals, including the one in Gainesville, may have covered up long waiting lists by falsifying records, while some ailing veterans have died waiting.

Some say Scott appears to be trying to make political hay, not law, from the latest scandal to rock the VA.

Stetson University College of Law Associate Dean Michael Allen directs the Veterans Law Institute there and also teaches constitutional law. He said the governor's actions suggest a political motive,because the only way state inspectors could have jurisdiction at federal hospitals is if Congress authorizes it, and he does not know of any time that has happened.

Scott's efforts might be the first step of a campaign to persuade Congress to allow state inspections, he said, because he doesn't appear to have much chance to win in court.

"Unless there is some [obscure] hook they can point to in federal law that provides for this, this is not a difficult legal question," Allen said.

Kevin Cate, spokesman for former Gov. Charlie Crist, the Democrats' front-runner to take on Scott in November's state election, called Scott's actions "a stunt."

"Veterans deserve better treatment — from the VA and from Rick Scott," Cate said. "This appears to be a political publicity stunt by Rick Scott instead of an attempt to solve a real problem."

A spokeswoman for Scott, Michelle Dahnke, characterized the state's efforts more as offers to help.

"I think it was, 'Let's do it so we can offer assistance,'" she said. "I really think they [state officials] thought they would be allowed to come in and help."

In 12 news releases they have issued on this dispute, Scott and Dudek have raised two complaints: that their inspectors were not allowed in, and that VA hospital records they requested were not provided.

"This is outrageous and unacceptable to the brave men and women who defended our nation," Scott stated on April 4 after the first rejected inspection.

"Florida Veterans and their families deserve answers from the VA," Dudek wrote May 7 when she still had not received all the records she sought.

Va spokeswoman Hollingsworth said federal officials have provided what documents they could.

"For the governor to assert that the VA has not been cooperative is simply wrong; we've made numerous attempts through direct conversations with Miss Dudek," Hollingsworth said.

VA General Counsel Will A. Gunn wrote two letters to Scott and Dudek, explaining that Florida had no authority over VA hospitals.

And in April, Dudek spoke by phone three times with VA Principal Deputy Undersecretary Robert L. Jesse and at least once with VA Region 8 Director Joleen Clark. The trio also exchanged several emails, including two from Jesse that delivered attached documents sought by Florida. On April 30, Jesse wrote that the remaining documents could not be shared under federal law.

"The information you requested can only be provided to a law enforcement agency," he wrote.